and the disposal of excess materials and containers. All uses or applications of such materials shall be duly licensed by the Commonwealth and EPA and any other applicable agency or entity.
d. The Permittee shall immediately report any release of hazardous materials or any condition that poses a threat to human health and safety or to the environment to the DCR Park Supervisor and LTPL and, as required, to the appropriate authorities (i.e., Mass Department of Environmental Protection, etc.). For further information see https://www.mass.gov/regulations/310-CMR-30000- massachusetts-hazardous-waste-regulations and https://www.mass.gov/toxics-chemicals- permitting-reporting. 13. INDEMINIFICATION a. The Permittee shall assume all risk in connection with all activities that it engages in on the Premises and shall be solely responsible and answerable in damages and any other equitable remedies for all accidents or injuries to all persons or property caused by the Permittee’s activities. The Permittee shall at no time be considered an agent or representative of DCR or the Commonwealth. The Commonwealth shall not be liable for any costs incurred by the Permittee arising under the Permit. b. The Permittee shall be responsible for the protection of its own assets and property and those of DCR. The Commonwealth shall not be responsible for property of the Permittee or of the Permittee’s contractors, agents, representatives, employees, guests, and invitees. c. The Permittee shall be responsible for its actions and the actions of its contractors, agents, representatives, employees, licensees, guests, and invitees. The Permittee shall indemnify, defend, and hold harmless the Commonwealth, including DCR, its agents, officers, and employees, for any and all injuries, losses, claims, actions, damages, liabilities, costs, or expenses, including without limitation attorneys’ fees and costs (collectively, “claims”) to the extent such claims arise out of any act, failure to act, or occupancy of the Premises and its appurtenances by the Permittee, its contractors, agents, representatives, employees, licensees, guests and invitees, unless said claims arise solely out of or are solely the result of the gross negligence or willful, wanton, or reckless conduct of DCR or its employees. d. The Permittee further expressly agrees not to make any claims against the Commonwealth or DCR for any injury, loss, or damage to persons, including bodily injury or death, or damage to property or in connection with compliance with any existing law arising out of the Permit or the occupancy or use of the Premises by Permittee, its contractors, agents, representatives, employees, licensees, guests and invitees, unless said claim solely arises out of or is the result of the willful, wanton, or reckless conduct of DCR and its employees. e. The indemnification obligations set forth in this Permit shall not be limited by the existence of any insurance policy or by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Permittee, its officers, employees, representatives, agents, contractors, subcontractors, servants, permittees, and invitees, or by any other person acting for or by
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